IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130010964
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests the removal of six pages of documents from his Army Military Human Resource Record (AMHRR) that pertain to another Soldier.
2. The applicant states when he reviewed his AMHRR through the Interactive Personnel Electronic Records Management System (iPERMS) he observed that 6 erroneous documents were filed under the "Service" and "Administrative" section of his account and labeled as "Case Files for Approved Separations." The documents are not entirely his, nor is all of the identifying information his. He would like these documents removed from his AMHRR.
3. The applicant provides an iPERMS screen printout and 13 documents.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having had prior Reserve enlisted service in the Illinois Army National Guard (ILARNG), the applicant was appointed as a Reserve second lieutenant and he executed an oath of office on 9 August 2009. He was promoted to the rank of captain in the Regular Army on 1 April 2013. He is currently assigned to the 774th Explosive Ordnance Disposal Company, Fort Riley, KS. His last name is Bxxxr and the last first two digits of his social security number (SSN) are 27.
3. The applicant provides an iPERMS printout, dated 3 June 2013, wherein it shows that on 9 August 2009 13 documents were added to the Service Section of his AMHRR under the title Case Files for Approved Separations.
4. A review of these 13 documents confirm that the first seven documents pertain to the applicant and the last six documents pertain to another Soldier with the last name of Bxxxxxy and the first two digits of that Soldiers SSN are 34. That Soldier had also been a member of the ILARNG in August 2009. A review of that Soldier's AMHRR confirms the six documents in question are properly filed in his records.
5. The erroneously filed documents pertaining to the Soldier named Bxxxxxy include:
* a printout titled Enlisted Card
* Orders 243-290, dated 31 August 2009
* a memorandum, dated 27 October 2008, subject: Medically Unfit for Military Service Appeal Rights
* a page, dated 27 October 2008, titled Acknowledgement of Notification
* a DA Form 3349 (Physical Profile), dated 14 October 2008
* a National Guard Bureau (NGB) Form 23B (ARNG Retirement Points History Statement), dated 28 October 2008
6. Army Regulation 600-8-104 (AMHRR Management) provides policies, operating tasks, and steps governing the AMHRR. The naming convention AMHRR replaces the Official Military Personnel File. Folders and documents previously authorized for filing in any part of the AMHRR will remain in the AMHRR. Once placed in the AMHRR, the document becomes a permanent part of that file. The document will not be removed from or moved to another part of the AMHRR unless directed by certain agencies, to include this Board.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms six documents belonging to a Soldier named Bxxxxxy are improperly filed in the applicant's AMHRR. Therefore, the applicant is entitled to correction of his records by removing the erroneous documents.
BOARD VOTE:
___X____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. removing from the applicant's AMHRR the following documents belonging to the Soldier with the last name of Bxxxxxy:
* a printout titled Enlisted Card
* Orders 243-290
* a memorandum subject: Medically Unfit for Military Service Appeal Rights
* a page titled Acknowledgement of Notification
* a DA Form 3349
* an NGB Form 23B
b. ensuring the copies of the above six documents the applicant submitted with his application are not filed in his AMHRR.
__________X___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130010964
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130010964
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140019066
In an electronic mail (email) message to a United States Senator, the applicant requests reconsideration for correction of Part Va (Performance and Potential Evaluation (Rater)) of his DA Form 67-9 (Officer Evaluation Report (OER)) for the period 11 December 2008 through 15 July 2009 (henceforth referred to as the subject OER) to show the rater marked the "Outstanding Performance, Must Promote" box rather than the "Satisfactory Performance, Promote" box. The applicant states that his rater,...
ARMY | BCMR | CY2013 | 20130007928
IN THE CASE OF: BOARD DATE: 2 December 2013 DOCKET NUMBER: AR20130007928 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests removal of a DA Form 4991-R (Declination of Continued Service Statement (DCSS)), dated 9 December 2009, from his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File.
ARMY | BCMR | CY2014 | 20140011759
Application for correction of military records (with supporting documents provided, if any). The applicant requests that a DA Form 3349 (Physical Profile) dated 15 August 2008 be removed from his record. The evidence of record does not support the applicant's request to remove a DA Form 3349 dated 15 August 2008 from his record.
ARMY | BCMR | CY2014 | 20140014333
Her record contains the contested memorandum 2, a memorandum for the Office of the DCoS, G-1, dated 21 August 2013, subject: Show Cause Recommendation - The Applicant, from LTG JWT, CDR, USARC. The U.S. Army Human Resources Command's (HRC) website contains a video script, dated 15 May 2015, subject: Selection Board Process Script, wherein MAJ CW, a board recorder for DA selection boards stated, in part: a. HQDA convenes approximately 80 selection boards each year. Also in accordance with...
ARMY | BCMR | CY2014 | 20140004932
The applicant requests removal of a duplicate course completion certificate filed in her Army Military Human Resource Record (AMHRR) on the Interactive Personnel Electronic Records Management System (iPERMS). She tried to resolve the problem through the U.S. Army Human Resources Command (HRC) but was informed that since the two certificates have different completion dates she had to go through the Army Board for Correction of Military Records (ABCMR) to correct the error. The evidence of...
ARMY | BCMR | CY2013 | 20130017665
The applicant requests: * removal of a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 13 February 2007, belonging to another Soldier from his records located on the integrated Personnel Electronic Records Management System (iPERMS) * removal of two DA Forms 2627, dated 20 January 2007 and 13 August 2007, from his Army Military Human Resource Record (AMHRR) * in the alternative, transfer of the Article 15 filed in the performance folder...
ARMY | BCMR | CY2013 | 20130013372
ARMY | BCMR | CY2013 | 20130013608
The applicant requests item 11 (Performance Summary) of a DA Form 1059 (Service School Academic Evaluation Report) for the period 9 July 2008 through 18 December 2008 be corrected to show he achieved course standards; or, the DA Form 1059 in its entirety be removed from his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File). He provides a DA Form 3349 which shows he was issued a temporary profile for left meniscus tear on 24 December 2008. ...
ARMY | BCMR | CY2009 | 20090000980
IN THE CASE OF: BOARD DATE: 26 February 2009 DOCKET NUMBER: AR20090000980 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that a DA Form 268 (Report to Suspend Favorable Personnel Action) (flag) be removed from her iPERMS (Integrated Personnel Electronic Records Management System) and 2X Citizen records. Army Regulation 600-8-2, paragraph 1-10d, specifies that a flag will be removed immediately when a Soldier's status changes from unfavorable to favorable.
ARMY | BCMR | CY2013 | 20130012953
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his Army Military Human Resource Record (AMHRR) to remove the Standard Form (SF) 312 (Classified Information Non-Disclosure Statement) and the DA Form 2-1 (Personnel Qualification Record-Part II). iPERMS, however, contains a variety of documents that are not authorized to be filed in a Soldiers AMHRR, and these documents are filed in "Additional Folders."